St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-01-06
= PECE&SI SESSION..
WAY the Legis ;ltelre was Not Con-
vencd 81, SIS.

An extra ses sion of the last legislature was
urged with considerable pressure for three
main purposes: to amend the laws Tor the
regulation of railroads and grain inspection,
to amend the tax laws. and TO make Il legiSIa-
tive appOrtionment. Some were inclined to
see in the existence of three such supposed
occasions for Immediate legislation an argu-
ment for Il return 10 annual sessions.
In regard to the railroad and warehouse
laws, have no doubt that the public judg-
ment as to the amendments necessary is more
harmonious and more just than it could have
been year ago, and that no considerable
harm has come from the delay.
The supposed occasion for an extra session
to amend the tax laws was decision rendered
by the supreme court in the case of Chauncey
VS.. WaSS, according to which the paym ent of
taxes upon real e;tate and the possession of q
treasurer's receipt therefor would not save
the owners title in case the property had
been improperly advertised and sold rs delin-
Quent, unless the fact of such payment were
shown before the so-called equity had become
barred by time. About the same time it oc-
cASloned general surprise TO learn that pro-
vision of law requiring personal notice Of the
expiration of the time of redemption to be
given by county auditors to owners of sup
posed delinquent real estate sold for taxes
had been repealed by a section of u subse-
quent statute.
1t thus appeared that a citizen who had
discharged every obligation to the state in
return for its protection to his person and mis-
properly, and who felt himself secure in the
possession of a written acknowledgements Of
the states agent that he had paid his dues,
might yet be made bankrupt and homeless
through the blunder of an official agent of the
state, under the statutes of the state us con-
strued by the highest state court. IL would
be hard to conceive a clearer case of
legalized robbery than the operation
of the law as construed by the court.
1t is impossible to presume that the legisla-
ture intended it should have any such effect,
and it is equally impossible to assume that
the forbearance of human nature will ac-
qu1eSce in its enforcement. If an extra SEES
sion had been necessary to save one single
citizen from the loss of his rights through
these surprising defects or errors, it wouldhaye
bo n called. But upon all fOrfeitureS already
attached legislation would have been inopera-
tive, and it was clear that the publicity given
through the press and by excited public COM
ment to the whole subject, 10 the danger OF
ruin in which every man might unwittingly
stand and to the means by which he could
ascertain the fact and avert loss, would pre-
vent the occurrence of any new forfeiture
through surprise or mistake.
The supposed repeal of the provision for
personal notice of the expiration of the re-
demption period has since been declared in
valid by the supreme court, being il violation
of the section Of the constitution which for
bids that any law shall contain more than one
subject, which must be expressed in its title.
q may rem ark that much time has been lost
in recent sessions by the introdu elton OF bills
with titles defective in this respect, which
are often only corrected by recalling the bills
from the executive for that purpose.)
The decision in the WaSS case has just been
reaffirmed, by majority OF the court, after
re-eyamination. 1t has thus become your
duty to provlue some relief or mitigation, if
any be possible, of the injustice which may
follow from this hard construction, and to so
payment of a tax shall at all times pe valid
protection against any claim t. real estate
based upon its alleged non-payment. You
should also inquire whether the present pro-
vision for notice OF the expiration of the re-
demptiOn is sufficient.
The state census showed population of
1,117,7 96. The increase took place mainly in
the nol thern part of the state and in the cit
les of ST, Paul and Minneapolis. The purpose
of an enumeration by the state is plainly to
ascertain whether reappOrtionm6 mt of leg
islative representation is necessary according
to the requirement of the constitution that
representation shall be apportiOned equally
throughout the dihersnt sections OF the state
in proportion to the population thereof. and
to furnish guide for proper aportionment
if one be necessary.
The census shows beyond question that
representation is no longer proportioned to
population, and it will be among your plain
est duties to readjuSt the representation to
conform to the constitution. ] do not doubt
your perfect willingness to discharge that
constitutional obligation. but you may prop
erly be reminded that your assumed uuwill-
ing ness 20 meet the difficulties and nconven-
fences of Il reapportlOnment was strongly
urged upon me as a reason for calling to-
gether your predecessors for the purpose.
If similar circumstances should exist in
1895, as they probably will l hope your pres
ent action will confirm the confidence OF all
In tina day, that the Minnesota legislature
will perform its duty, unintiuenced by per-
sOnal consideration. This duty being per-
formed. it will be seen that, so far as the
reasons urged for Il session in 1856 are con-
cerned, biennial sessions sufficiently answer
all purposes.